Compilation of decisions of the Committee on Freedom of Association

Consultation with the organizations of workers and employers16

Consultation during the preparation and application of legislation

1. The Committee has emphasized the value of consulting organizations of employers and workers during the preparation and application of legislation which affects their interests.

1. Bills do not require consultations or negotiations with each and every one of the trade union organizations, it being sufficient that these take place with the most representative organizations at the national or sectoral level.

1. Consultations on bills must take place prior to the legislative procedure, but they do not necessarily have to take place during the parliamentary proceedings.

1. The Committee recognizes the different nature of the professional relationships in the public sector due to the State playing the role of both the employer and the legislator, which could potentially cause difficulties. It is all the more important for the State to be aware of criticism that questions its subjectivity. One of the ways to avoid such criticism is to consult with employers and workers organizations during the drafting and implementation of legislation that affects their interests.

1. The Committee has drawn the attention of governments to the importance of prior consultation of employers and workers organizations before the adoption of any legislation in the field of labour law.

1. The Committee has emphasized the importance that should be attached to full and frank consultation taking place on any questions or proposed legislation affecting trade union rights.

1. Any changes to the scope and exercise of trade union rights should, as a matter of importance, be subject to in-depth consultations with the most representative organizations, in order to find, as far as possible, shared solutions.

1. The Committee stressed the importance that it attaches to holding consultations with the most representative workers and employers organizations with sufficient advance notice and, in particular, to ensuring that the drafts of laws or decrees are submitted to these organizations for consultation well before their adoption by the Government as a prerequisite for consideration by Parliament.

1. It is essential that the introduction of draft legislation affecting collective bargaining or conditions of employment should be preceded by full and detailed consultations with the appropriate organizations of workers and employers.

1. Tripartite consultations before a Government submits a draft to the legislative assembly or establishes a labour social or economic policy should be full, frank and detailed.

1. The Committee highlighted the importance of social dialogue in the process of adopting legislation, which may have an effect on workers rights, including those intended to alleviate a serious crisis situation.

1. The process of consultation on legislation and minimum wages helps to give laws, programmes and measures adopted or applied by public authorities a firmer justification and helps to ensure that they are well respected and successfully applied. The Government should seek general consensus as much as possible, given that employers and workers organizations should be able to share in the responsibility of securing the well-being and prosperity of the community as a whole. This is particularly important given the growing complexity of the problems faced by societies. No public authority can claim to have all the answers, nor assume that its proposals will naturally achieve all of their objectives.

1. The most representative employers and workers organizations, and in particular the confederations, should be consulted at length, on matters of mutual interest, including everything relating to the preparation and application of legislation concerning matters relating to them and to the fixing of minimum wages; this would contribute to legislation, programmes and measures that the public authorities have to adopt or apply being more solidly founded and to greater compliance and better implementation.

1. The Committee emphasized that tripartite consultation should take place before the Government submits a draft to the Legislative Assembly or establishes a labour, social or economic policy and that consultation should form part of the elements required for the Government to take its decision.

1. The Committee considers that forum for social dialogue shall be established in accordance with the principles of the ILO, having a tripartite composition which duly respects the representativeness of workers and employers organizations.

1. While the refusal to permit or encourage the participation of trade union organizations in the preparation of new legislation or regulations affecting their interests does not necessarily constitute an infringement of trade union rights, the principle of consultation and cooperation between public authorities and employers and workers organizations at the industrial and national levels is one to which importance should be attached. In this connection, the Committee has drawn attention to the provisions of the Consultation (Industrial and National Levels) Recommendation, 1960 (No. 113).